Appealing a Matter – Criminal & Traffic
Road Transport (Driver Licensing) Regulation 2008 (NSW) cl 54 gives the RMS the right to vary, suspend or cancel a person’s driver licence under certain circumstances. However, RMS must provide you with written notice of an intention to vary, suspend or cancel your licence before it is permissible for them to do so.
Be advised, if you are caught speeding by more than 45 km/hr over the marked speed limit, the police are entitled to immediate confiscate and suspend your licence for six (6) months.
My licence has been suspended. Can I appeal?
The following decisions of the RMS (RTA) and police can be appealed in the Local Court:
- A decision by the RMS (RTA) to suspend your licence for exceeding the speed limit by more than 30 or more than 45 kilometres an hour
- A decision by the RMS (RTA) to suspend a P1 or P2 provisional driver’s licence for loss of demerit points
- A decision by the police to suspend your licence (on the spot) for exceeding the speed limit by more than 45 kilometres an hour
If you believe an error has been made, or believe you are entitled to leniency you are entitled to request a review of your penalty notice.
You can request a review by either logging into your personal myPenalty account on the Office of State Revenue website, in writing to SDR, PO Box, Strawberry Hills NSW 2012 or by calling 1300 138 118.
Alternatively, you can elect to have your matter determined by the court by logging into your personal myPenalty account on the Office of State Revenue website or by sending in the form (available here) to SDR, PO Box, Strawberry Hills NSW 2012.
Please note, if you choose to have your matter decided in Court whist your request for review is being investigated & determined, the Office of State Revenue will suspend your request.
You are entitled to leniency if you possessed prior to the infringement a clear NSW driving record for at least ten (10) years.
The Owner Onus Principle means that if a car is registered in your name and is caught by a speed or red light camera, the penalty notice or court attendance notice will be sent to your residential address.
If you were not the driver of the vehicle at the time of the infringement, you are allowed to transfer the fine to the individual who was driving your vehicle. The person you are nominating need not sign the form.
To do so, you must lodge a statutory declaration from (available here) nominating the person who was in charge of your vehicle at the time of the offence. It is actually an offence to fail to nominate the person in charge of your vehicle if that person was not you and has been known to result in prosecution from the RMS.
Understandably, it is likewise an offence to falsely nominate another person as being in charge of the vehicle at the time of the offence.